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pamposh

12-14 03:27 PM

So that interprets to "7% limit for every country" - seems to be "Equality"

does not seem "Equality" at all, not to me.

as most of us here, I think this is something we should explore. I think this is a complete discrimination and if US wants to limit/diversify within EB category as well (which I think is absurd to start with, because this is employment based, all that should count is your credentials/education... ) then it should be somehow proportionate to the country size/population as well.

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Ramba

02-12 02:25 PM

Yeah, Tell me about it!!!

Just two more months and mine would have been current!!!!

I wish your hopes comes true. However, one thing you should remember. There are many guys with PD before 2005 got stuck due to name check, particularly in ROW catagory. This big jump in PD for ROW and new name check clearance rule, will makes tons of 485s become eligible for approval in March.

As they mentioned in their comment, they may freeze the PD for ROW in APril or move back to 2004, depending on how many EB3-ROW gets GC in March.

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glus

03-17 10:33 AM

hi All,

Can someone give me advice on this:

I have 4 yrs Bachelors + 6.5 yrs of IT exp. i am being offered a Pre- approved labor(EB3-PD-Nov.2003), which was filed for someone with a condition-Bachelors + 4 years exp., at the time of filing. i graduated in June 2000, so i am about 1 year short for the 2003 PD. However i did some part time work during college in India and the lawyer says if i can get exp. letter from that company on a letter head, that should suffice. i am concerned if that India exp. during graduation will work or not. Has anyone faced a situation like this? the (part time exp)company was very small, can this be risky? what do you guys think?

Thanks. I am not sure if you cannot used experience gained before / during college. I think it all depends on the LC requirements. I know many people who used experience gained before gaining their degrees, and there were no issues. However, I do not know if their LCs specified "post-degree experience, or just experience." I would speak to another lawyer to see if he tells you the same story as your current lawyer. You could send this question to Susan Henner. She is the attorney giving us free advise. The the home page for information on how to send her a question.

Regards,

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jsb

06-02 12:43 PM

Best wishes to you and sorry to hear this. I thought everyone was entitled to SSN after 10 years of work in the US. Do you need to have a green card before you qualifiy to get your SSN back?

Better get it cleared. As far as I know, if you have earned 40 quarters (worked in the US for 10 yrs), you are entitled to get SSA at your retirement irrespective of your status. There are some exceptions, but for India/China citizens living in their home countries, they will get it. Of course, 25% non-resident tax will be cut at source.

Here is my case, Company A filed Labor GC for me, Labor filed 04/2004, I-140 approved 06/07, I485 filed 07/07. Company A got aquired by company B in 11/07, Company B filed 3 year extension on H1B based on approved I-140 approved H1B.

Now company B filed amendment to approved I 140- My questions-

Is my I 140 still aproved or it will start all over? I am planning to change the company coming October, Can I change the company at this stage. Will it affect my AOS in adverse way. What I need to take care of if I want to switch the job.

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amitjoey

07-03 04:59 PM

If we report "Unofficial report of Scandal at USCIS". That will be picked up by everyone. I am sending it to all the reporters, please help out. We need hundreds of emails to be sent out to create the ripple, or should I say the flood. 4th of JULY is a great day to get this published.

One of my colleague whose job description is little different then mine has a PD of Sep 2003 and his Labour got approved but he left the company.

So is there anyway his approved labor is useful to me. What are the ifs,buts etc. ---------------- I changed your thread title. when you start a new thread make your thread title descriptive for all members to easily sift through threads- Admin

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qualified_trash

06-21 03:11 PM

Friends,

Don't waste your time on this. The American employers will never agree to this as LC belongs to them and they don't want to waste time, money and effort again and again. The only problem I see is our desi consulting companies misusing this privilege.

I would say lets not waste our time as DOL/USCIS is trying to formulate ways to check 'LC Substitution Fraud'. At the same time they don't want to penalize the legitimate substitutions where an employee is already working for the same company for years.

fighting retrogression and 485 filing during retrogression are important than this.

Its my opinion only, pls take it on a lighter note...

- Rishi very true ..................... but it is legal so ......... maybe we should all use it.

I know for a fact that this happens in companies (IT - product development and professional services) and I know this because a friend of mine (our kids play together these days so VERY close) was a beneficiary of such an LC and today has a GC and perm job to die for.......... I ofcourse will NOT disclose the name of the company or person for obvious reasons..........

He worked hard during his MS days to make it here and is just reaping the benefits of his hard work and ingenuity in identifying the opportunity in a legal system gone kaput.......... so no fault of his.

If this is indeed true, isn't it unfair to issue visas to Feb 2006 dates at a Consulate while people with 2005 dates are waiting for AOS. Can this be challenged in court?

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nomi

09-29 01:19 PM

Hi Kukitron and all, I am having a new h1b with validity 7/2009. But My Visa expired by Aug,2006. Please clarify, can i travel from canada to Seattle thro Road with the expired visa and the new h1b which contains a valid I-94

Thanks Sundar

Yes you can according to following rule

http://travel.state.gov/visa/laws/te...ams_1441.html#

There are lot of condition which you need to follow in order to use this Law. That`s why I am asking other people about it and see how many people use it and what they said about it.

60K EB2-I and 60K EB3-I pending so far. Does this mean Eb2 and EB3 dates will move together from now on for India?

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samay

07-21 08:09 PM

Dear Lawyer, I have applied for my renewal of EAD. Please let me know if I have answered the following correct and if there is anything I can do to rectify if you think these are not the right answers. Thanks in advance for your help,

For question 14, Manner of last entry: " Paroled (AOS) " because that is what will be stamped in my passport and I94 after my entry into US. For question 15, Current Immigration status: " H1B Worker " because my H1B is valid till 2010 and I never used my EAD or received my green card.

This question says how you entered the US the last time and not how you intend to in the future. My understanding is that you last traveled on your H-1 B therefore, it should say H-1B (please confirm the same with your I-94.)

Think what will happen if they woke up one fine morning and start another new interpretation of an existing law and then later they start doing it retroactively; just imagine the cascading effect.

It does not matter which side of the ship is taking fire. It seems to me that people on the left side of the boat are happy that the firing is only on the right side, forgetting it is the ship as a whole which is taking fire.

This only reminds me of the famous poem by Martin Niem�ller which goes like this.

"First they came for the communists, and I did not speak out—because I was not a communist; Then they came for the trade unionists, and I did not speak out—because I was not a trade unionist; Then they came for the Jews, and I did not speak out—because I was not a Jew; Then they came for me—and there was no one left to speak out."

To get the gravity of the situation, substitute it with which ever suits you ! EAD/consulting H1/direct H1/AOS pending/485 not filed/EB3/2/1....etc etc.. Behind all these fancy terms, numbers and notations there are people, children and families who are going thru difficult situations.

I have been saying this for the past one year, let us forget everything else, let us not come up with new rules or ideas or suggestions (new quotas, fraud detection, sue USCIS fund, exteneded APs etc). Focus all our energies on the one issue that will help everyone from all affected countries....Recapture of Unused Visas.

Recapture campaign will not divide us in EB 1 Vs 2 Vs 3 or countries. Over the past year a number of people have quit because of the bickering. Recapture has a precedent because it was approved by Clinton earlier. Recapture is free of country caps and it does not affect the existing visas. Murthy's article mentions that 120k are stuck in limbo and we know that there are around 400k visas available...i dont know what more motivation people need to fight for this issues.

On our own each one of us can do the following: a) Try to arrange a meeting with your congressman and senators b) write a letter to all members of the Judicary committee

cause state department made the dates current....USCIS can only request visa's from state department.....since they were not asking for a lot of visas, which were going to go waste, state department made everything current...

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sayantan76

12-17 04:58 PM

Is the new Obama Administration going to consider "Instant GC" if we buy a House ? I'm thinking about the huge inventory of vacant house and how many could be bought up by GC holders... Its probably a fraction - Isn't it ? At the risk of getting red dots - few critical roadblocks come to mind:

1. The crisis right now is way beyond housing - its about basic issues like employment, consumption and credit (buying vacant houses does not raise employment) - fundamental issues would need to be addressed first before Govt can do something that even remotely looks and smells like (howsoever untrue it might be) giving preference to immigrants over Americans. Also what happens when renters enmasse vacate apartments and buy houses - it drives rental companies into bankruptcy - so catch 22 - no?

2. Credit criteria have been made very stringent by banks and lending institutions - so a lot of people may not qualify.......many people are in risk of losing jobs - they may not want to convert their liquid savings into a 20% illiquid (houses dont sell overnight and you cannot convert your investment to cash easily) downpayment towards houses....so not sure how many will actually want to spend that money now.....what if you get ur GC by buying a house and subsequently lose job and cant find alternative job - house cant feed you and the family nor can it pay mortgages.....

3. Any legislation that goes against principles of natural justice and creates an elite class based on financial criteria is difficult to pass through legislature.....

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old_hat

05-02 02:19 AM

By the way which planet are you from...Do you have GC problem there also..?

did you believe in flowers campaign?

ivar

08-15 12:23 PM

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unitednations

02-13 05:41 PM

In the first three quarter the 'heavy' countries(India/China) would get numbers until the 7% caps hits and in the fourth quarter they would get the big chunck...

If the law contains a 'continous recapture' provision( anything not used this year get recaptured again immediately for next year...) then it would not be long befor e all categories become current....By the way 'continous recapture' is one of the IV goals...

Pl. Correct me if I am wrong....

Now I have really started to appreciate the IV goals listed on the front page..... IV core team have gone through all this junk long before we got started and the goals take care of every point raised until now....

As a business person; I don't agree with country limits. I understand why they are there but I don't think they should be.

Continuous recapture of unused visas is a good goal. It makes sense and isn't a controversial topic.

Regarding: Goals - very few people look out for the greater good of everyone. I myself think if I was looking out for the greater good of everyone; I wouldn't focus on EB relief but rather other areas of immigration (greencard holder spouse issue; dream act, undocumented, etc.). Don't jump on me for saying this but I had written in another posting that of all the people who are disadvantaged with immigration; it would appear that eb candidates are the least disadvantaged of all.